MERALCO v.

Lim
GR No. 184769
October 5, 2010
Specific constitutional provision/s cited: A. 3, 1, Due Process Clause
FACTS:
An anonymous letter denouncing Rosario G. Lim, an administrative clerk at the Manila Electric
Co. [MERALCO], was posted and spread at their Plaridel Bulacan office. Lim reported it to the
local police. With these threats against her from unknown individuals and which could possibly
compromise her safety, Deyto, head of Human Resources [HR] Staffing, transferred Lim to
MERALCO Alabang.
Lim wrote to Sapitula, Vice President of HR, requesting for the deferment of transfer pending
her appeal, which states that (a) her side be heard, else a deprivation of due process, as the
transfer is punitive in nature, considering (i) the travel from her residence in Pampanga to
Alabang and (ii) Alabang being unfamiliar to her, betray[s] the real intent of management (b)
violates her job security (c) she shouldve been informed of the alleged threats, dismissing the
anonymous letters threats as highly suspicious, or mere jokes.
With Sapitula not responding, Lim filed at the Bulacan Regional Trial Court Branch 7 (a) a
Temporary Restraining Order on the transfer, and (b) a petition for the issuance of a writ of
habeas data [alleging that MERALCOs failure to disclose the alleged security threats against
Lim is unlawful and violated her right to privacy to life, liberty and security] against
MERALCO.
MERALCO responds, stating that (a) the National Labor Relations Commission and not the
Regional Trial Court has jurisdiction, and (b) a writ of habeas data is out of order. The RTC
rules in favor of Lim.
Hence, this petition for review.
ISSUE:
WON writ of habeas data is rightfully granted to Lim.
HELD:
NO.
A writ of habeas data is a remedy available to any person whose right to privacy in life, liberty
or security is violated or threatened by an unlawful act or omission of ... a private individual or
entity engaged in the gathering, collecting or storing of data or information regarding the
person...against abuse in this age of information technology. It is intended usually for victims of
extra-legal killings and political activists and the RTC erred in extending such right to an
ordinary citizen like Lim.
Prepared By: Hezekiah D. Nicdao

Employment is a property right under the due process clause. A writ of habeas data neither
protects purely property concerns nor supports vague or doubtful grounds for petition. Lims
allegation that her right to privacy was breached by MERALCOs failure to disclose to her the
reports on the threats to Lims security is at best speculative. Lim (a) dismissed the letter
suspicious or a joke and (b) unwittingly concedes that the issue is labor-related in stating that
managements real intent is punitive.
The National Labor Relations Commission [and Labor Arbiters] indeed has jurisdiction over the
case, which concerns an employer-employee relationship, and its terms and conditions,
specifically Lims transfer.

Petition granted. RTC Decision dismissed.

Prepared By: Hezekiah D. Nicdao